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Direct Email:
smp@hpsslaw.com

Law School:
Emory University School of Law 1976

Graduate/Undergraduate:
B.A. George Washington University, Washington, D.C., 1971

Practice Areas:
Construction Law

Admitted to Practice: GA 1976; DC 1980

Assistant: Celeste S. Costello
csc@hpsslaw.com

Selected to Super Lawyers: 2004 - 2013; Top Rated Construction Litigation Attorney in Atlanta, GA

Stephen M. Phillips is a senior partner at the firm. Mr. Phillips’ practice focuses on legal issues pertaining to the construction industry and particularly the commercial roofing industry. He has gained national recognition concerning legal issues affecting the roofing industry. For over 35 years, he has been representing parties in commercial roofing matters. For the past 30 years, he has served as general counsel to the National Roofing Contractors Association and was one of the founders and also serves as counsel to the National Roofing Legal Resource Center, based in Chicago, Illinois.

Mr. Phillips has written and spoken extensively regarding construction law topics and construction litigation, particularly regarding the commercial roofing industry. He was the principal author of the warranty section of the Commercial Low-Slope Roofing Materials Guide and the Residential Steep-Slope Roofing Materials Guide, published by the National Roofing Contractors Association and the OSHA Citation Defense Manual published by the National Roofing Legal Resource Center. He is the author of "Liabilities of Parties Engaged in Re-roofing Construction Projects,” published as part of the Proceedings of the Low-Slope Re-roofing Workshop, Oak Ridge National Laboratory and the co-author of "Roofing Systems," published by the American Bar Association, Forum Committee on the Construction Industry, for a program on Construction Technology for Lawyers. He has published articles on numerous construction topics such as insurance coverage applicable to construction disputes, measuring damages when there is defective construction, construction contracts, liquidated damages, mold claims, proprietary specifications, bid mistakes, anti-indemnity statutes, building code violations, bidder responsibility and bid responsiveness and the Spearin doctrine.

Mr. Phillips has presented papers and lectured on construction topics to a wide range of groups, including symposium sponsored by the Oak Ridge National Laboratory, the Georgia Tech Research Institute, the Clemson University Continuing Engineering Education Program, the University of Illinois' Office of Extension Conferences, the American Institute of Architects, the American Bar Association's Forum on the Construction Industry and numerous construction contractor groups.

He has served as chairman and member of the Board of Regents and faculty of The Roofing Industry Educational Institute (RIEI), a non-profit educational organization. He has served as a lecturer for the Georgia Tech Research Institute's asbestos courses covering legal requirements and liabilities associated with asbestos-related construction work and the RIEI course on Roofing and Asbestos. Mr. Phillips is a member of the American Arbitration Association's Commercial Panel to hear construction disputes under the Construction Industry Arbitration Rules and has served as a construction arbitrator.

In 1995, Mr. Phillips was elected by his peers as a fellow in the American College of Construction Lawyers. He has been designated as a Georgia Super Lawyer in the field of construction law and construction litigation each year since 2004 and has been recognized and listed in such publications as “Best Lawyers in America,” The International Who’s Who of Construction Lawyers, and Chambers USA America’s Leading Lawyers for Business. In 2003, Mr. Phillips was awarded the J. A. Piper Award by the National Roofing Contractors Association in recognition of devoted and constant outstanding service to the roofing industry. He also received the Boone Noblitt Award from the Roofing and Sheet Metal Contractors Association of Georgia for outstanding service. In March 2016, Mr. Phillips was honored to receive the Clarence J. Carr Roofing Industry award by the North/East Roofing Contractors Association (NERCA) for outstanding service and contributions to the industry.

Prior to entering private law practice, Mr. Phillips worked as a Congressional staff member in Washington, D.C. and was the author of several Congressional studies dealing with environmental issues as an analyst in environmental policy for the Congressional Research Service. He has an undergraduate degree from George Washington University in Washington, D.C. where he was the editor-in-chief of the University newspaper. He earned a law degree in 1976 from Emory University in Atlanta, Georgia where he served on the Law Review. He is a member of the Forum Committee on the Construction Industry and the Section on Litigation of the American Bar Association. He has served on the Board of the Georgia Legal Services Program and is admitted to the State Bar of Georgia, the District of Columbia Bar, the United States Court of Federal Claims and the Atlanta Bar Association.

PROFESSIONAL ACHIEVEMENTS/AFFILIATIONS

  • Member, State Bar of Georgia

  • Member, District of Columbia Bar

  • American Bar Association, Forum Committee on the Construction Industry and Section on Litigation

  • Member, Atlanta Bar Association

  • Georgia Super Lawyer 2004-2013; Best Lawyers in America

  • Counsel, National Roofing Contractors Association

  • Counsel, National Roofing Legal Resource Center

  • Member, American Arbitration Association Panel for Construction Disputes

  • American College of Construction Lawyers

  • Chairman and Member of Board of Regents, Roofing Industry Educational Institute

Articles

  • “Are You Covered?,” (Your CGL policy may or may not cover breach of contract claims), Professional Roofing, January 2009

  • “ConsensusDocs 750 is a different version of an earlier AGC subcontractor form,” Professional Roofing, Professional Roofing, April 2008

  • “AIA Issues New Standard Construction Contracts, Determining Damages,” Professional Roofing, December 2007

  • “State immigration laws increase employer liability,” Professional Roofing, August 2007

  • “It’s important to understand the effects of naming additional insureds,” Professional Roofing, April 2007

  • “H-2B Visas may be an option for Contractors in need of employees,” Professional Roofing, December 2006

  • “Electronic verification of employees is likely to be required as the immigration debate intensifies,” Professional Roofing, June 2006

  • “Dispute Resolution Depends On The Way Courts Interpret Contracts,” Professional Roofing, February 2006